Dunes City Council     M I N U T E S     Regular Meeting - November 8, 2007 - 7:00 p.m.     Printable rtf file

City Hall - 82877 Spruce Street

Westlake , Oregon   97439

 

Councilors Present:  Mayor (acting) Peter Howison, Richard Koehler, John Scott,
Susie Navetta, and David Bellemore

 Councilor Absent:  David Bellemore, excused

 Others Present:  Mayor Elect Eric Hauptman, Gary Darnielle City Attorney, several members of the community.

 1.         Mayor (Acting) Peter Howison called the regular session of the City Council to order at 7:00 p.m.

 Councilors joined in the pledge of allegiance.

 2.         Consent Agenda

            A.  The minutes from October 11, 2007 , were not available.

B.  The bills of the Session totaled $34,381.52.  Councilor John Scott made a motion that the bills of the session be approved.  Councilor Bob Petersdorf seconded the motion.  Motion carried. 

3.         Receipts of the Session - not listed.

4.         Announcements and Informational Items 

            A.        Art Exhibition - Currently, Mickey Hines is displaying art work for the months of November and December.

B.        Appointed Mayor - Eric Hauptman will be sworn in at the special City Council Meeting scheduled for November 15, 2007 .

            C.        Volunteer Fire Fighters and CERT trainees needed for Dunes City.

            D.        Vacancies on the Site Review Committee

            E.        There will be a special City Council Meeting on November 15, 2007 , to fill councilor vacancy.  Applications are due November 12, 2007 .

5.         Office Staff Applicant Interview - Lisa O'Callaghan. 

Applicant Lisa O'Callaghan was interviewed for the Administrative Assistant position.  Following the Executive Session, Councilor Bob Petersdorf made a motion to employ Lisa O'Callaghan to the position of Administrative Assistant.  Councilor Susie Navetta seconded the motion.  Motion carried.

6.         Guest Speaker -

            Jay Charland, DLCD was not present.

7.         Citizen Input on Unscheduled Items

Tom Curtis, 83148 S. Pioneer Road, Dunes City – Mr. Curtis read a statement regarding the question of how someone could serve on the planning commission and not support the commission or stormwater planning.

8.         Old Business

A.                Planning Commission Appointment – Eggert Madsen.  Mr. Madsen explained that he is a resident of Booth Island .  He has been living on his boat anchored at Booth Island as he has been trying for months to receive his Occupancy Permit from Lane County .  He went on to describe the difficulty involved in obtaining his permit as well as the obstacles involved.  Councilor Bob Petersdorf will clarify an issue that is involved in a right-of-way to assist Mr. Madsen in obtaining his permit.  Mr. Madsen described his qualifications to fill the vacant position on the Planning Commission.  Councilor Richard Koehler made a motion to appoint Eggert Madsen to the Planning Commission.  Councilor Bob Petersdorf seconded the motion.  Motion Carried.

 

B.        Legal Services Report – Ralph Farnsworth, 83837 Hwy. 101, Dunes City , and Eric Hauptman, 5188 Hilltop Drive , Dunes City   
Ralph Farnsworth and Eric Hauptman advised they interviewed several legal firms to replace the current city attorney who is retiring at the end of the year.  They informed that they were impressed with Speer Hoyt in Eugene as well as a coastal law firm from Newport , Macpherson, Gintner, and Diaz.  City Attorney Gary Darnielle mentioned that if the annual cost exceeds $5,000, then the position requires a draft of a job description and advertising and explained the process.  Mr. Darnielle advised he would take care of this.  Councilor John Scott made a motion that the city authorizes Gary Darnielle to develop an RFD to advertise for City Attorney.  Councilor Susie Navetta seconded the motion.  Motion carried.

 

C.        City Water Rights / Woahink Outlet Structure – John Stead, 83505 South Cove Way , Dunes City .  John Stead gave an enlightening dissertation regarding the points of division and the water permits.  There is one permit used now with 217 points of diversion representing 217 properties who have signed up for this.  There is a permit from 1968 that is currently not being used.  A 1978 municipal water right permit, is in place for future residents.  Currently, Mr. Stead is working on the extension of this permit, which is required to be submitted by the end of this month (November).  He explained that the city is requesting a 50-year permit extension.  Additionally, there is a 2004 storage permit.  Mr. Stead went on to explain the components of this permit.  There was discussion of who should be the authorized person and who should be the permittee on the 50-year extension process. 

 

D.        Siltcoos Lake : Blue Green Algae bloom assessment – Mayor (Acting) Peter Howison informed that Mr. Kaufmann from the Department of Human Services issued an advisory on November 9, 2007 , to lift the public health advisory of harmful algae bloom.  There has been approximately $5,800 expended in water testing.  Mayor (acting)
Peter Howison advised that hopefully there would be grant monies to cover this expenditure if needed in the coming year.

 

9.                  NEW BUSINESS

 

A.                 Christmas Party at Dunes City Hall December 15, 2007 .  Councilor Susie Navetta advised that the committee does not need $250.  She mentioned that she thought there was left over funds and she felt she could get sponsors to cover whatever might be needed.

 

B.                Building Department – notification of erosion control violations.   Councilor Richard Koehler spoke with the building inspector, Mr. Gates regarding the inspection of erosion issues.  Mr. Gates offered that he would do inspections.  The question was then brought up as to who would pay for the inspections.  Councilor Susie Navetta mentioned that perhaps fines could cover this cost.  City Attorney, Gary Darnielle described that the City of Eugene has instituted a surcharge on lots based on surface.  Councilor Richard Koehler inquired about a performance and surety bond that would assure the process is followed.  City Attorney Gary Darnielle informed that this bond would ensure the money was in place to cover any fines.  He also mentioned that perhaps it would be a good idea to do a fact finding and ask contractors.  Councilor John Scott advised that the city could also issue a stop work order.

 

C.                Auditors – Request for Proposals – Mayor (Acting) Peter Howison reported that the annual audit typically begins July 1st of each year.  The current auditing firm made the decision to not complete the audit they began this year (2007) on October 26, 2007 .  Currently, they are in breach of contract.  Councilor Bob Petersdorf made a motion that the city go out for a Request for Proposal from new auditors.  Councilor Richard Koehler seconded the motion.  Motion carried.

 

 

10.       REPORTS

 

            A.        Report by City Attorney. 

                        Auditor breech of contract, Gary Darnielle, City Attorney

           

Councilor Bob Petersdorf exclaimed that the auditing company resigned under the wrong conditions and felt they should be reported to the State Board.  Mayor (Acting) Peter Howison offered that a letter has been submitted to the State requesting an extension on the audit deadline.       

 

City Attorney Gary Darnielle explained that he sent a letter to the auditing firm chastising them for withdrawing from the audit.  City Attorney
Gary Darnielle stipulated in the letter to the audit firm they return all materials that were forwarded to them for the audit; requested that the audit firm write a letter to the Secretary of State requesting an extension of the audit deadline; be more specific about the reasons for withdrawing from the audit; and he was informed by Christa of the audit firm  that all materials would be returned today.  City Attorney Gary Darnielle also agrees with Councilor Bob Petersdorf that the firm needs to be reported to the Secretary of State.

 

Further, City Attorney Gary Darnielle mentioned that the City may want to consider action against this firm as new auditors will be an additional cost to the city.  He advised that the city will have a couple of years to file this law suit.

 

Regarding the LUBA appeal, City Attorney Gary Darnielle stated that the last document has been received.  He went on to say that this will make Norman Martin happy.

 

City Attorney Gary Darnielle advised that he has been contacted by CIS investigator Gail Fischer.  She will be defending the city regarding the resignation of the City Recorder.  Gail Fischer advised the city to not speak in public about this employee.

 

            B.        Road Commission - Road Report, Councilor Bob Petersdorf   

Councilor Bob Petersdorf highlighted the road commission report advising that vegetation will be planted on Canary Road and the Green Gate Road issues are being addressed.

 

C.        Conservation Committee - Sunset Cove - no report, Councilor Bellemore is not present.

 

D.        Site Review Committee- Susie Navetta.  A report was given by Councilor Susie Navetta.  The trailer belonging to the Beer's is still across the street from city hall.  They have been promising to remove the trailer for an extended period of time.  Councilor Navetta felt that it was time to begin an abatement situation.  David Dumas reported that he removed the door on an abandoned refrigerator on a vacant lot. 

 

E.        Police Commissioner/Fire Department - Susie Navetta - same report as above.

 

F.         Community Center - Richard Koehler  Councilor Richard Koehler announced that the Annual Christmas Party will be held on December 15, 2007 .  The council is also seeking ideas for the Festival of the Lakes.

 

G.        Grants/Franchises/License - John Scott.  Councilor John Scott received a letter from Cal Lewis.  The Viewing Outlook is nearly complete.  Parks and Recreation committee is applying through Lane County for a grant for the kayak ramp.

 

H.        Communications/Water Quality Committee - Richard Koehler - Councilor Richard Koehler advised that Siltcoos Lake is under the Clean Water Act.  They hope for education for the residents and also mentioned water testing.  On October 24, 2007 , the committee attended a water forum at Honeyman State Park .  One of the topics is erosion control.

 

I.          Acting Mayor's Report - Peter Howison -  Mayor (Acting) Peter Howison gave a report on the vacant positions in the Dunes City Office.  Several candidates have been interviewed.  There are eight applications for the various vacant positions.

 

J.         Planning Chairperson - Lee Reichel - Lee Reichel, Planning Commission Chairperson reported that the commission has attended a workshop on Stormwater.  The FM radio station, transmitter, towers, and station, that was earlier reported to be coming to Dunes City, is in fact being located completely out of the city.  It was reported to be Dunes City as this is the closest community in proximity of the equipment.

 

The situation of a five-member commission formed the way the commission used to be set up was mentioned.  Currently, the chairman is a non-voting member.  Lee Reichel felt this may preclude members of the commission from wanting to fill the chairperson position.  Mayor (Acting) Peter Howison offered that the chairperson actually does vote when there is a tie.  A tie vote is a failure to motion.

 

The Montgomery property is still in the works.  They have instructed to add more materials.

 

11.       Unscheduled Items Not Listed on Agenda - There is a complaint letter regarding ANB Construction that will be put on the December agenda.

 

Councilor Bob Petersdorf expressed concern about new city attorney incurring costs to the city regarding issues still pending. 

 

Councilor Susie Navetta advised that a group from the city attended the South Coast Rural forum in Coos Bay .

 

At this time the council adjourned to Executive Session.  Upon return from Executive Session, Councilor Bob Petersdorf made the motion to employ Lisa O'Callaghan to the position of Administrative Assistant.  Councilor Susie Navetta seconded the motion.  Motion carried.  Hiring date will be November 15, 2007 .

 

Councilor Bob Petersdorf made a motion to adjourn at 9:30 p.m.  

 

Respectfully submitted,  Lisa O'Callaghan,  Administrative Assistant